By Elkins                                             H.B. No. 2408
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the unsuitability of certain solid waste facility
    1-3  sites.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 361.104, Texas Health and Safety Code, is
    1-6  amended by adding a new subsection and to read as follows:
    1-7        Sec. 361.104.  Prohibition on Permit for Facility in
    1-8  Unsuitable Area.  (a)  The commission by rule shall prohibit the
    1-9  issuance of a permit for a new hazardous waste management facility
   1-10  or an areal expansion of an existing hazardous waste management
   1-11  facility if the facility is to be located in an area determined to
   1-12  be unsuitable under rules adopted by the commission under Section
   1-13  361.103 unless the design, construction, and operational features
   1-14  of the facility will prevent adverse effects from unsuitable site
   1-15  characteristics.
   1-16        (b)  The commission may not authorize a new solid waste
   1-17  management facility at a site for which a permit has been revoked
   1-18  if the site is located within one-quarter mile (1,320 feet) of
   1-19  recreational facility, park or school property.  The commission may
   1-20  not authorize an areal or capacity expansion of a solid waste
   1-21  management facility which has not been constructed and operated
   1-22  within ten years from permit issuance if the site is located within
   1-23  one-quarter mile (1,320 feet) of recreational facility, park or
    2-1  school property.
    2-2        SECTION 2.  The changes in law made by this Act shall apply
    2-3  to facilities and sites permitted pursuant to the Texas Solid Waste
    2-4  Disposal Act prior to and following the effective date of this Act.
    2-5        SECTION 3.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended,
   2-10  and that this Act take effect and be in force from and after its
   2-11  passage, and it is so enacted.